civus
Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

So, you know, the neighborhood in general has been trying to encourage this commercial corridor

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by increasing density within this block and just generally within the vicinity of this property.

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If you look, here's a photograph of the property. We are the vacant lot. Here are pictures to the

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right of the property and to the left of the property, and here are architectural drawings.

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With me today is Sylvester Ocolo, one of the members of the ownership group.

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Mr. Ocolo has developed a number of condominium buildings within the Francisville and Fairmont

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area. His style, which this board has approved in the past, is a brick facade with a modern twist,

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having as much light and air by way of big windows. There are three units in this building.

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uh there is a bi-level on the first floor in the lower level and then each of these units also are

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cut in half where they're bi-levels where there's a unit on the second floor that goes yeah let me

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just uh let me stop share for a second it's just easier that way and let me try to well

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technical difficulties um let me uh let me see if i can get that

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Hold on. I'm trying to get escape. Okay. Let me share that one more time, and then I'm going to change the way you're going to see it.

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How about we do it? Oops. Jesus.

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Does that work better?

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Do you see it better now, Mr. Chair?

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Yes.

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Yeah. So it's just a different way of seeing it.

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So, yeah, so you'll see that these are bi-levels, this one unit is a bi-level bedroom and then lower, excuse me, one unit where the first floor is, well, the first unit is on the first floor and the lower level.

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And then the second and third units are bi-levels where there's a front bi-level and a rear bi-level.

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And then

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And we met with the

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United Francisville

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Civic Association

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So, you know, to be honest

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I thought we had a really good meeting

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I thought it was productive

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Yes, I can, hold on

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Is that better or you want

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A bit larger? A little bit more if you don't mind

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Please

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No worries

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Is that better, Mr. Chair?

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Yeah, but you've got to scroll down a little bit.

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Yeah.

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Okay.

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So I thought we had a really productive meeting.

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I've been doing this enough.

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I know when people are against something, when someone's for something.

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And, again, we presented this same type of proposal to United Francisville last year in front of this board, and we received support from this board.

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So one of the things that was a concern to me is that we did this through Google Meetup.

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and the Google Meetup codes literally changed

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like 10 minutes before the meeting.

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So I send out a community notice

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where you have certain information

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and all of a sudden the Google Meetup information changed.

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So we received the results of the meeting

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which took place afterwards

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and it was seven in support and 15 opposed.

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And we know that we have a lot of support

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in the neighborhood because Mr. Occolo

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has developed a lot in the neighborhood.

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there on Wiley Street, also on Ridge Avenue, so he has a following, as well as the fact that he's

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been a, what's it called, a business owner in that neighborhood for over a generation before

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being a developer. So when we saw that only seven people supported this project, we actually reached

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out to a lot of the people that we know who were trying to get into the meeting, and we found out

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that a lot of people were unable to vote. They were unable to get in the meeting. There were

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difficulties with the Google Meetup. So we actually provided, we distributed a petition

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and it was, you know, these 10 people who couldn't vote and were unable to vote as well

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and we're unable to vote, as well as additional people. And you can see we're all on Wiley Street.

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as additional people. And you can see we're all on Wiley Street.

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Again, Mr. Ockalo has a good reputation in the community, as well as on this block because he

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has another project on this block. So he's developed a good reputation as a developer

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on this block and support within the neighborhood. So you can see we have a full page. We have a

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little bit over here too, but we have like almost a page and a half of signatures, and I believe

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there's like 25 signatures per page so we have well over you know almost 40 people who are or

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maybe 40 people 35 people who are in support of this you know three unit condominium building

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so again the letter is in the opposition because of straight numbers but we know that 10 people

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try to vote and for whatever reason their vote wasn't counted so and that's I guess part of this

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google meetup and zoom generation but you know we had people who were ready willing and able to vote

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for us and then if you look at their letter that i'm sure the board has um even in the letter they

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comment that some people are for multi-family you know they were just they want to a duplex

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not a triplex you know and you know we beg to differ in that respect we believe that you know

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given the history of the board on this block, that a triplex is reasonable under circumstances,

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given if, especially since this lot is over 1440 square feet. So as you know,

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as I pointed out, there's a lot of RM1 next to us. Hold on.

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you know we're not that far from rm1 and we're not that far from the commercial corridor we're

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typically from a planning perspective you try to have as much density surrounding a commercial

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corridor to actually nurture that commercial corridor so in this day and age the fact that

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we're trying to do a con a three-unit condominium building because mr okolo doesn't hold properties

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he sells them the fact of his reputation in the community the fact that this board has

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approved previously uh previous projects similar to this in the past uh we were and given the

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support through this petition that has over you know well over 35 signatures of people on that

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block and within the vicinity we would request that the board grant uh this requested variance

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Counselor, do you have a picture of the site?

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I do.

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It's, yes.

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It's a vacant lot, but I will hand, it's right here.

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So, it's a 1,440 square foot lot.

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So, we're not trying to squeeze, like, a use that would not be reasonable in their circumstances.

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If this was an RM1 property, which I know it's not, we would, you know, we would be allowed four as of right. We're only asking for three on a, on a RSA five property, which is 1440 square feet where five other instances. Recently, this board has granted variances.

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Thank you.

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You have anyone, one, I have anyone you want to put on Mr. Markinson.

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Yes. Mr. Ocolo, can you virtually raise your hand?

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He's available to be sworn in.

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Thank you. Sir, please identify yourself for the record.

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Display your first and last name.

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First name is Sylvester and the last name is Ocolo.

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Can you spell that name, please?

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I'm sorry, I didn't hear that.

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Spell your last name.

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O-K-O-L-O.

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We're in the firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Mr. Nakinson.

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Yes, thank you, Mr. Chair.

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Mr. Ockalo, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes, it is.

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Thank you.

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Is there anyone, I'm sorry, any questions from the board?

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no no anyone who wishes to testify in this case please raise your hand

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chair we have mary jones from the council president's office

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thank you good afternoon ms jones please identify yourself with a record

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uh yes mary jones uh from council president daryl clark's office city hall from 494

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Can I just swear and affirm to tell the truth, the whole truth, and talk about the truth?

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I do.

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Thank you.

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Please proceed.

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Yes. Based on our communication with the RCO and our review of this project, the Council

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Yes.

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Based on our...

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President is supporting the RCO that this variance not be granted. There has not been

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a hardship presented and the presence of other multifamily houses on the block does not mean

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that there should be more if the community chose to zone the neighborhood as single family.

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Correct me if I'm wrong, I'm not putting words in your mouth, so it's not a question

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of being a multifamily, it's more a question of remaining single.

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because there's three units proposed so lesser units would not suffice correct

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well the the rco did mention that they would prefer either a single family or a duplex

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and i was able to reach the um the rco on the phone um they're not able to call into the

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computer right now into the hearing. Thank you. Appreciate it. Anyone else would like to testify

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in this case? If so, please raise your hand. Here we have Jennifer. Jennifer, you can unmute yourself

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and wait to be sworn in. Good afternoon, ma'am. Please identify yourself with a record, spell

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your first and last name, and give us your address. Sure. Hello, Chairman. This is Jennifer Tran,

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j-e-n-n-i-f-e-r-t-r-a-n i'm the vice president of the coordinating rco united francisville civic

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association um and i just wanted to reiterate do you swear and affirm to tell the truth the

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whole truth nothing but the truth i do thank you please proceed um i just wanted to um reiterate

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what mary jones from councilmember clark's office said regarding the um position that

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our RCO has taken. You know, we have been holding virtual meetings since earlier this year due to

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the pandemic. What Alan said about the meeting code changing prior to the meeting starting was

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not true. We have been using the same dial-in meeting code since May of this year. And the

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community as as shown does not support this project. There has been some mention and I'm not

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trying to put words in anyone's mouth. There had been mentioned that fewer units might be

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acceptable. Is that accurate? Yes from the community feedback it appears that a lot of the residents

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who spoke up would prefer a single family or a duplex. This block was down zoned a few years ago

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to single-family housing, and that would be the preference of the community.

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Okay, thank you. Anyone else who would like to testify in this case, please raise your hand.

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That's all, Chair.

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Mr. Chair, a couple things. My associate, Clementa Amazon, did share with me a link,

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a picture showing that there was an issue with the voting, and the link was changed.

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So I'm just letting you know, because I'm very particular about what I say in front of this board. So it was not untrue. And then, Mr. Chair, you know, while we believe that three units are appropriate under the circumstances, as Mr. Chair, you know, heard from us, as well as from the coordinating RCO representative of Mary Jones, there has been some discussion about duplex or two unit condominium, and it's in their letter.

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So if, you know, the Mr. Chair is disinclined at grant three, you know, we would propose a proviso for two.

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Thank you.

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Planning Commission.

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Good afternoon, Chairman and members of the board.

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Ian Lipman, Planning Commission staff.

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In 2018, the community-led remapping effort in Francisville did not change the zoning for this lot.

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It remained zoned for single-family development.

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We do not believe the applicant has demonstrated sufficient hardship.

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Accordingly, we oppose the granting of the variance for three units.

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Thank you.

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MI 2020-0007731739 Wiley Street.

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My vote is maximum two units.

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Yes, we'll provide them.

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Yes, we'll provide them.

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but yes, we provide so.

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Yes, with proviso. Thank you. Mr. Nochamston, while you're there, we have that Cleveland Street

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Thank you.

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issue. Yes, Mr. Chair and Salette. I was just going to mention that Mr. Nochamston has submitted

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the revised plans form. It would be revised plans three pages. That's all we have to do is vote it

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with proviso correct correct okay MI 2020 that's 001488 774 South Cleveland my vote is uh my vote

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is yes with the proviso uh three pages approved today uh yes for proviso yes for proviso yes

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okay all right I think we're at the last one Marshall Street next one I'm sorry if I could

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request that Mr. Cole Brodsky from the previous case is now available, if we could go to him?

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That's Marshall Street, correct? Yes, Chairman, that's correct. Are you able to hear me?

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Yep, that's where we're going. Wonderful. I'm so sorry my internet crashed right when it loaded

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for me. No problems. My name is Cole Brodsky. Hold on, hold on, hold on. We're going to call

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the case. MI2020-000944-1759 North Marshall Street. Please spell your, give us your full

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name, spell your name and address. First name Cole, C-O-L-E. Last name Brodsky, B as in boy,

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R-O-D as in dog, S-K-Y. And I am submitting application for 1759 North Marshall Street.

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Do you swear in the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Confessor?

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Hey, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior

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to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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I have.

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Yes, I do have a letter.

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All right.

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Please proceed.

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Thank you, Chairman and Board.

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I'm here to present my case for application for rezoning of 1759 North Marshall Street

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from RSA 5 to RM1 with variants allowing for single room dwelling.

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If my Zoom is a weird state right now, but if I can have control, I can share one of

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